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Massena woman fined for using beer bottle as weapon at AmVets post

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MASSENA - A 27-year-old Potsdam woman has been fined and ordered to stay out of the two AmVets posts in Massena after being sentenced for an attempted assault conviction.

Acting Massena Village Justice James M. Crandall fined Heather Kirby of 92 state Route 345, Potsdam, $500 and ordered her to pay a $205 surcharge and a $50 fee to submit her DNA sample to the state database for a third-degree attempted assault conviction.

The court also signed an order of protection directing Kirby to stay away from Nanette Convertini and Maureen Haupman. She was additionally placed under a one-year conditional discharge with stipulations she not enter the AmVets posts on Andrews Street or the Snell Lock Road and pay her fines and surcharges within the next year.

Village police had charged Kirby with third-degree assault and third-degree criminal trespass following an investigation into an incident that took place at 10:53 p.m. Oct. 27 at the AmVets post on Andrews Street.

Kirby reportedly threw a beer bottle that struck the bartender, bounced and then struck a female in the face. She also reportedly failed to comply with AmVets Commander Bud Byington’s orders to leave the post.

Nanette Convertini, in a statement she signed for police, said Kirby had entered the post with Hope LaBrake and had walked up to Nancy Convertini and started arguing with her.

“I got between Heather and Nancy and told her to leave the bar and pushed her. Heather started to walk away and threw a beer bottle at me,” she noted.

Maureen A. Hauprich said she was working as a bartender at the post that night and witnessed the argument between Kirby and the two Convertini women.

“I went up to the female (Kirby) and told her that this is a private club and you are going to have to leave. The female then threw a beer bottle that hit me in the center of my forehead, right at the hairline. The beer bottle then bounced off my head and struck Nanette Convertini in the nose, causing it to split open,” she said in the statement she signed for police.

Kirby was additionally granted a one-year conditional discharge with a stipulation she abide by a no harassment order of protection to resolve a second unrelated case.

Village police had charged Kirby with aggravated harassment at 3:46 p.m. March 23 after she reportedly made 41 phone calls to her ex-boyfriend and father of her 1-year-old child between 1:51 p.m. and 3:31 p.m. that day and then went to his 16 Linden St. residence, kicked the door several times and yelled and screamed.

Shawn Nicol said he has answered a few of the calls and Kirby told him she was going to kill him and his new girlfriend, Holly Snyder, and dance on their graves. He said the calls had continued after Kirby had been directed to stop calling him after an initial complaint had been lodged by Ms. Snyder.

In other recent court action before Judge Crandall:

■ David J. Hurlbut, 19, of 2 Willow St., Massena, was fined $200 and a $205 surcharge and was ordered to pay a $50 DNA fee for a petit larceny conviction. He was also placed under a one-year conditional discharge with a stipulation he stay out of Rite Aid. He allegedly shoplifted two bottles of Budweiser beer from Rite Aid on April 14, 2012.

The plea also satisfied petit larceny and trespass charges pending from an April 2012 incident in the town of Louisville. Hurlbut had initially been charged with third-degree burglary stemming from his role in a Feb. 1, 2012 theft of recyclable cans and bottles that had an estimated value of $200 from a barn at 703 County Route 39, Louisville. Prosecutors later moved to have the felony burglary count reduced to a misdemeanor petit larceny charge.

■ Kylie R. Nyland, 30, of 619 Lansing St., Watertown, was fined $250 and a $125 surcharge after a seventh-degree criminal possession of a controlled substance count was reduced to a disorderly conduct violation.

Nyland had been found in possession of an unlabeled Kinney Drugs prescription bottle containing seven tablets determined to be acetominophen and hydrocodone bitartrade and nine pills determined to be acetominophen and oxycodone hydrochloride following a traffic stop at 9:15 p.m. Jan. 18 on Highland Avenue. Nyland was unable to produce a prescription for the medication, police said.

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